The 1981 Constitutional Conference

Who contributed to the constitutional debate?

The process leading up to the patriation of the Canadian Constitution was deeply shaped by the personalities and political priorities of national and provincial leaders and many key political aides of the time.

Given the times, all of them were white men. Individuals and groups representing women, gay and lesbian people, Indigenous Peoples, people with disabilities, and multicultural communities actively fought to influence the Constitution.

(1919-2000) Prime Minister, Liberal, “Trudeaumania” idol ​

Pierre Elliott

Trudeau

Pierre Elliott


Trudeau


Pierre Trudeau, love him or hate him, was the driving force in bringing Canada’s Constitution home from Britain, and adding to it a Charter of Rights and Freedoms.

Trudeau was Canada’s Prime Minister from 1968 to 1984 (with a brief break in 1979-80). He was born in Montréal in 1919 and received a Jesuit education at the most elite French-Canadian school in the country. He inherited money from his late father’s oil business and spent much of his youth traveling the world, studying law and political science.

As a public figure in the 1950s and early 1960s, he helped promote what would become the Quiet Revolution A general term for the social upheavals and reforms in Québec in the 1960s. The period saw a significant diminishing of the power of the Catholic Church in provincial affairs and brought a self-consciously French-speaking majority into political control. It included drastic changes in social order and in Québec’s vision of its place within (or potentially outside of) Canadian federalism.  , which cast off the domination of the Catholic Church and anglophone Someone who speaks English as their first or primary language; or, as an adjective, “English-speaking.” business elites.

Trudeau visits Newfoundland, 1971
Excerpt from "The Champions - Part 1", 1978 (National Film Board of Canada)

"Travelling to the far corners of Asia, with only a shirt, sandals and a packsack, he moved with the common people through famine, flood and fire."

"Trudeau...gave free legal advice on civil liberty cases..."

Excerpt from "The Champions - Part 1", 1978 (National Film Board of Canada)
01_trudeaumania_796087_CP.jpg Trudeau sprints away from a crowd of admirers, Ottawa, 1968

Trudeau joined the federal Liberals The Liberal Party of Canada, a federal and provincial political party formed in 1867. Along with the Conservatives (formerly Progressive Conservatives), it is one of the two parties that has governed Canada since Confederation. Generally a centrist party. in 1965 and soon won the Mont Royal parliamentary seat that he kept until his retirement in 1984. In 1967, he was appointed Minister of Justice under Prime Minister Lester B. Pearson. “Trudeaumania” broke out with his winning runs for the Liberal leadership and then for Prime Minister in 1968.

Trudeaumania

Image 2 deepdives

Young people swarmed him, cheering in the streets wherever he went. As his son Justin would do half a century later, he attracted international fascination, counting figures like John Lennon of The Beatles among his admirers.

Trudeau was a social reformer who supported individual rights, the equality of francophone Someone who speaks French as their first or primary language; or, as an adjective, “French-speaking.” and anglophone Someone who speaks English as their first or primary language; or, as an adjective, “English-speaking.” communities, and an end to criminalizing gay and lesbian activities. His image was as a kind of philosopher-statesman who was seeking a “just society.”

John Lennon and Yoko Ono meet with Pierre Trudeau in Ottawa, December 24, 1969

Style and charisma

Trudeau was renowned for his style and charisma, demonstrated in his notorious pirouette behind Queen Elizabeth II’s back in 1977.

But he also could be brazenly arrogant. When he was challenged about how far he’d go with his 1970 imposition of the War Measures Act (following an outbreak of nationalist violence in Québec), he snapped, “Just watch me.”

Edward Goldenberg, Special Constitutional Advisor to the Minister of Justice (1980-1982)

By the 1980s, Trudeau was bruised by a series of battles over the economy, official bilingualism Canada is officially bilingual, which means that “English and French have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and Government of Canada”. Official bilingualism began in Canada when Parliament passed the Official Languages Act in 1969. It is included in the Official Languages section of the Charter of Rights and Freedoms.  , Québec nationalism (against his longtime rival René Lévesque), and control of Western energy resources. He had been defeated in 1979 by Joe Clark’s Progressive Conservatives The Progressive Conservative Party of Canada was the name of the main centre-right federal party between 1942 and 2003. It was formed from an alliance of the Conservative and Progressive Parties. It was succeeded by today’s Conservative Party of Canada. Many provincial parties retain the name Progressive Conservative. It was the Official Opposition party during most of the constitutional debates of the 1970s and early 1980s, but the governing party in a majority of the provinces.  , resigned as Liberal The Liberal Party of Canada, a federal and provincial political party formed in 1867. Along with the Conservatives (formerly Progressive Conservatives), it is one of the two parties that has governed Canada since Confederation. Generally a centrist party. leader later that year, but won a spectacular electoral comeback in 1980. This followed his tough victory in the Québec sovereignty referendum A popular vote (whether civic, provincial, or national) on a proposal or question. The patriation of the Constitution became a more urgent matter after the 1980 Québec referendum on sovereignty. Pierre Trudeau and others proposed several different possible national referenda to resolve constitutional issues.  . He yearned to leave an even more lasting legacy. He had assured the public it would be his last term, so he took risks a leader seeking re-election could not. He set out to patriate the Constitution and add a Charter of Rights and Freedoms The Charter sets out the rights and freedoms that are officially guaranteed by the Canadian Constitution, “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” It is Part 1, sections 1-34 of the Constitution Act, 1982.  . Many were skeptical, and no one was sure how far Trudeau would go in pursuit of a goal that would cement his legacy.

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Hays Joyal Committee, 1981

Brokers

Committed Citizens and Activists

Brokers


Committed Citizens and Activists


Needing to build up political support in the face of most provincial leaders’ opposition to Trudeau’s proposal to unilaterally patriate the Constitution, the Liberals initiated a joint committee of the House of Commons and the Senate to hear from citizens, especially about the Charter of Rights and Freedoms.

The committee was known as the Hays-Joyal Committee The Special Joint Committee on the Constitution, chaired by Senator Harry Hays and MP Serge Joyal, in 1980 and 1981. It held three months of hearings (many televised) and took written submissions from more than 900 individuals and organizations on the federal government’s proposals for constitutional patriation. , after its two lead appointees, Liberal Senator Harry Hays and Liberal MP Serge Joyal. It became particularly prominent after the government yielded to opposition pressure to have the committee hearings televised, giving all Canadians a feeling of participation in the process.

The committee sat from November 1980 to February 1981. All told, the 914 individuals and 294 groups submitted briefs to the committee, and 104 individuals and groups presented orally, collectively representing thousands of Canadians across the country.

They included witnesses from Indigenous Indigenous is the collective term for the original peoples of North America and their descendants, and includes First Nations, Inuit, and Métis peoples. See also: Aboriginal, which is found in the Constitution. The Government of Canada has officially changed “Aboriginal” to “Indigenous” in its ministries, legislation and documents. Canada has made it clear that the term “Indigenous” covers the legal definitions of “Aboriginal” and “Indian” for most constitutional purposes.  Peoples’ groups, women’s groups including the National Action Committee on the Status of Women and the National Association of Women and the Law, civil liberties and human rights groups, multicultural and immigrant groups including the National Black Coalition of Canada and the National Association of Japanese Canadians, representatives of people with disabilities, the Canadian Association of Lesbians and Gay Men, churches, and experts on constitutional law. One notable absence was the Canadian Labour Congress, which boycotted the hearings. At the end of the hearings, Chrétien announced many significant changes to the draft charter.

01_george_manuel_conference_fnc_658_0011_UBCIC.jpg George Manuel speaks at the First Nations Constitutional Conference, 1980

INDIGENOUS ORGANIZATIONS AND LEADERS

As many as 37 Indigenous Peoples’ groups testified before Hays-Joyal, and many more made written contributions — as well as the many who were active in the Constitution Express cross-country protest and voyage to Britain to lobby for Indigenous constitutional demands.

As many as 37 Indigenous Indigenous is the collective term for the original peoples of North America and their descendants, and includes First Nations, Inuit, and Métis peoples. See also: Aboriginal, which is found in the Constitution. The Government of Canada has officially changed “Aboriginal” to “Indigenous” in its ministries, legislation and documents. Canada has made it clear that the term “Indigenous” covers the legal definitions of “Aboriginal” and “Indian” for most constitutional purposes.  Peoples’ groups testified before Hays-Joyal The Special Joint Committee on the Constitution, chaired by Senator Harry Hays and MP Serge Joyal, in 1980 and 1981. It held three months of hearings (many televised) and took written submissions from more than 900 individuals and organizations on the federal government’s proposals for constitutional patriation. , and many more made written contributions — as well as the many who were active in the Constitution Express cross-country protest, and voyage to Britain to lobby for Indigenous Indigenous is the collective term for the original peoples of North America and their descendants, and includes First Nations, Inuit, and Métis peoples. See also: Aboriginal, which is found in the Constitution. The Government of Canada has officially changed “Aboriginal” to “Indigenous” in its ministries, legislation and documents. Canada has made it clear that the term “Indigenous” covers the legal definitions of “Aboriginal” and “Indian” for most constitutional purposes.  constitutional demands. A few of the key figures and organizations included:

National Indian Brotherhood (NIB)

Renamed the Assembly of First Nations (AFN) not long after constitutional patriation The process of bringing the British North America Act, 1867 – the Constitution of Canada – under full domestic control, rather than having it remain as an act of the British Parliament. After decades of effort, patriation was completed with the 1982 passage of the Canada Act in Britain and the Constitution Act in Canada. It includes a means of amending the Constitution in Canada. The new Constitution was not endorsed by the government of Québec.  , the NIB was created in 1961 to represent Indigenous Indigenous is the collective term for the original peoples of North America and their descendants, and includes First Nations, Inuit, and Métis peoples. See also: Aboriginal, which is found in the Constitution. The Government of Canada has officially changed “Aboriginal” to “Indigenous” in its ministries, legislation and documents. Canada has made it clear that the term “Indigenous” covers the legal definitions of “Aboriginal” and “Indian” for most constitutional purposes.  Peoples as a coalition of many regional and nation-specific organizations. It launched major campaigns in the late 1960s and early 1970s against the Trudeau government’s 1969 White Paper on Indian Policy, as well as against the residential school system. Its presidents in the late 1970s and early 1980s were Noel Starblanket (Cree) and Delbert Riley (Chippewa).

The Native Council of Canada (NCC)

Now called the Congress of Aboriginal Aboriginal is the collective term used in the Constitution to describe the original peoples of North America and their descendants and includes First Nations, Inuit, and Métis. See also: Indigenous. Peoples (CAP), the NCC represented the interests of mostly non-status Indigenous Indigenous is the collective term for the original peoples of North America and their descendants, and includes First Nations, Inuit, and Métis peoples. See also: Aboriginal, which is found in the Constitution. The Government of Canada has officially changed “Aboriginal” to “Indigenous” in its ministries, legislation and documents. Canada has made it clear that the term “Indigenous” covers the legal definitions of “Aboriginal” and “Indian” for most constitutional purposes.  Peoples, including non-status Indians Indian is a term historically used by governments to describe the original peoples of North America - Indigenous and Aboriginal - but it is not considered respectful or accurate. It remains in section 91(24) of the Constitution and the “Indian Act”.  , Métis, and Southern Inuit. During the patriation The process of bringing the British North America Act, 1867 – the Constitution of Canada – under full domestic control, rather than having it remain as an act of the British Parliament. After decades of effort, patriation was completed with the 1982 passage of the Canada Act in Britain and the Constitution Act in Canada. It includes a means of amending the Constitution in Canada. The new Constitution was not endorsed by the government of Québec.  process, the NCC was headed by Harry Daniels, who was a leading voice in the negotiations to ensure that Métis people were included explicitly in the Constitution. Daniels had been a founder of the Association of Métis and Non-Status Indians of Saskatchewan. The regional Métis groups later broke away from the NCC to form the Métis National Council.

The Union of British Columbian Indian Chiefs (UBCIC)

The UBCIC developed the Aboriginal Rights Position Paper on constitutional issues and organized the Constitution Express, under the leadership of President George Manuel, a former president of the NIB and a member of the Secwepemc Nation. “As long as I am leader,” Manuel once said, “our position is not going to change from that of our forefathers. I do not want the responsibility for selling the rights of our children yet unborn.”

Constitution Express rally, 1980

The Inuit Committee on National Issues (ICNI)

The ICNI was a special constitutional task force formed by the larger Inuit Tapirisat of Canada (now Inuit Tapiriit Kanatami), which had been formed by Inuit leaders in 1971 out of common concerns over land claims and resource issues. It had a significant effect in ensuring that Inuit concerns were part of the constitutional negotiations.

The Native Women's Association of Canada (NWAC)

Founded in 1974, the NWAC was especially concerned to fight the cultural and economic effects of discrimination against Indigenous Indigenous is the collective term for the original peoples of North America and their descendants, and includes First Nations, Inuit, and Métis peoples. See also: Aboriginal, which is found in the Constitution. The Government of Canada has officially changed “Aboriginal” to “Indigenous” in its ministries, legislation and documents. Canada has made it clear that the term “Indigenous” covers the legal definitions of “Aboriginal” and “Indian” for most constitutional purposes.  women under the Indian Act. During the constitutional debates, it navigated between the interests of the larger Indigenous Indigenous is the collective term for the original peoples of North America and their descendants, and includes First Nations, Inuit, and Métis peoples. See also: Aboriginal, which is found in the Constitution. The Government of Canada has officially changed “Aboriginal” to “Indigenous” in its ministries, legislation and documents. Canada has made it clear that the term “Indigenous” covers the legal definitions of “Aboriginal” and “Indian” for most constitutional purposes.  community and women’s lobby groups for support. NWAC argued that Indigenous laws (which had been denied and undermined by Canadian law and policy) recognized the role and prominence of Indigenous Indigenous is the collective term for the original peoples of North America and their descendants, and includes First Nations, Inuit, and Métis peoples. See also: Aboriginal, which is found in the Constitution. The Government of Canada has officially changed “Aboriginal” to “Indigenous” in its ministries, legislation and documents. Canada has made it clear that the term “Indigenous” covers the legal definitions of “Aboriginal” and “Indian” for most constitutional purposes.  women in law and governance systems.

WOMEN'S ORGANIZATIONS AND LEADERS


Thousands of Canadian women took part in activism and lobbying around equality rights and the Constitution. There were many organizations working across the country to give women a voice:

Canadian Advisory Council on the Status of Women (CACSW)

The CACSW was an arm’s-length federal agency established in 1973 on the recommendation of the Royal Commission on the Status of Women in Canada. In 1979-81, the Advisory Council was for the first time headed by a woman, Doris Anderson, a well-known writer and journalist. She was instrumental in organizing a women’s constitutional conference in Ottawa The capital city of Canada, where the federal Parliament buildings, the House of Commons and the Senate are located. For this reason, “Ottawa” is sometimes used as a synonym for the federal government, as in a phrase such as, “Ottawa refused any further negotiations.”  after it became apparent that the recommendations of the Hays-Joyal Committee The Special Joint Committee on the Constitution, chaired by Senator Harry Hays and MP Serge Joyal, in 1980 and 1981. It held three months of hearings (many televised) and took written submissions from more than 900 individuals and organizations on the federal government’s proposals for constitutional patriation. on equality provisions in the Charter did not go far enough. This conference was cancelled by the government, and she resigned in protest. Her replacement, Lucie Pépin, also used the office to support women mobilizing around constitutional reform.

National Action Committee on the Status of Women (NAC)

The largest feminist coalition in Canada founded in 1971, the NAC made submissions to the Hays-Joyal Committee The Special Joint Committee on the Constitution, chaired by Senator Harry Hays and MP Serge Joyal, in 1980 and 1981. It held three months of hearings (many televised) and took written submissions from more than 900 individuals and organizations on the federal government’s proposals for constitutional patriation. . It was roiled by internal divisions in the early 1980s and did not officially endorse the constitutional conference organized by the Ad Hockers. However, many members of the NAC attended.

04_womens_conference_framegrab_10000016_CBC.jpg Women's Constitutional Conference, 1981

Ad Hoc Committee of Canadian Women on the Constitution

Formed after the government cancelled the women’s constitutional conference, the Ad Hoc Committee which came to be known as the “Ad Hockers”, mobilized and organized another conference on February 14, 1981, which was attended by more than 1,300 women from across Canada. This group successfully lobbied for the insertion of section 28 in the Charter of Rights and Freedoms.

National Association of Women and the Law (NAWL)

The NAWL was a national feminist organization that proposed a gender equality “purpose clause” at the Hays-Joyal Committee The Special Joint Committee on the Constitution, chaired by Senator Harry Hays and MP Serge Joyal, in 1980 and 1981. It held three months of hearings (many televised) and took written submissions from more than 900 individuals and organizations on the federal government’s proposals for constitutional patriation. hearings. Representatives from NAWL and the Ad Hockers were at a final meeting with the Department of Justice in Ottawa to negotiate the wording of section 28 that exists today in the Charter.

05_judy_erola_18403066_CP.jpg Judy Erola at the first federal-provincial conference of ministers responsible for the status of women, Ottawa, May 10, 1982

Members of Parliament

Judy Erola, the federal Minister Responsible for the Status of Women under the Trudeau government in November 1981, staked her job on getting section 28 of the Charter removed from the reach of the notwithstanding clause Also called the 'override clause', allows Parliament or provincial legislatures to override or ignore certain sections of the Charter of Rights and Freedoms when they are crafting legislation. It allows legislation to exist notwithstanding that it is in breach of the Charter of Rights and Freedoms. The Notwithstanding Clause can only be used in reference to section 2 (fundamental freedoms), sections 7 to 14 (legal rights) and section 15 (equality rights), and it can only be invoked for 5 years at a time. . She collaborated with Ad Hoc Committee members and helped coordinate efforts with female MPs from the opposition, notably Progressive Conservative The Progressive Conservative Party of Canada was the name of the main centre-right federal party between 1942 and 2003. It was formed from an alliance of the Conservative and Progressive Parties. It was succeeded by today’s Conservative Party of Canada. Many provincial parties retain the name Progressive Conservative. It was the Official Opposition party during most of the constitutional debates of the 1970s and early 1980s, but the governing party in a majority of the provinces.  Flora McDonald and two New Democrats, Pauline Jewett and Margaret Mitchell, to mobilize women across the country in an effort to get the approval of each provincial premier for the change to the final agreement. They succeeded in less than 30 days.

They succeeded in less than 30 days.

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Roy McMurtry, Roy Romanow, Jean Chrétien re-enacting the “Kitchen Accord”, 1983

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The Kitchen Cabinet

Brokers


The Kitchen Cabinet


Three influential politicians from across the country – Pierre Trudeau’s top constitutional adviser (and future Canadian prime minister), Jean Chrétien; Saskatchewan’s Attorney General (and future premier) Roy Romanow; and Ontario’s Attorney General Roy McMurtry – helped craft the final constitutional deal.

The trio had become close in the summer of 1980, as they and a caravan of other government officials crossed the country together during the ministerial negotiations.

On the second to last day of the 1981 negotiations, they met informally in a kitchenette at the Ottawa Conference Centre and, on a scrap of paper, wrote up a list of ideas they thought could help break the deadlock.

In combination with the premiers’ hotel room negotiations that night, this “Kitchen Accord” The proposal for Constitutional compromise worked out by federal Minister of Justice Jean Chrétien, Saskatchewan Attorney General and Minister of Intergovernmental Affairs, Roy Romanow, and Ontario Attorney General Roy McMurtry on the final afternoon of negotiations at the 1981 constitutional patriation conference in Ottawa. It had seven points, roughed out on a piece of paper in a small kitchen at the conference centre.  became the basis for the final agreement that was presented the next morning.

01_chretien_applauded_674698_CP.jpg Jean Chrétien in the House of Commons, 1981

Jean Chrétien

(Born 1934) was a bright, ambitious populist from industrial Shawinigan, Québec, with a famous sense of humour. A long-term member of Pierre Trudeau’s cabinet (in 1981, as justice minister) and his political right-hand man, Chrétien was more willing to seek compromise than other federal delegates. Many premiers were drawn to his charm, though Alberta’s Peter Lougheed saw him as a dangerous influence in favour of federal centralization. Chrétien played a contentious role in later negotiations to bring Québec into the constitutional fold, and it was during his prime ministership (1993-2003) that the Québec sovereigntists narrowly lost their second referendum A popular vote (whether civic, provincial, or national) on a proposal or question. The patriation of the Constitution became a more urgent matter after the 1980 Québec referendum on sovereignty. Pierre Trudeau and others proposed several different possible national referenda to resolve constitutional issues.  in 1995. He also authored the infamous White Paper, which Indigenous Indigenous is the collective term for the original peoples of North America and their descendants, and includes First Nations, Inuit, and Métis peoples. See also: Aboriginal, which is found in the Constitution. The Government of Canada has officially changed “Aboriginal” to “Indigenous” in its ministries, legislation and documents. Canada has made it clear that the term “Indigenous” covers the legal definitions of “Aboriginal” and “Indian” for most constitutional purposes.  Peoples saw as an effort to eliminate all distinct constitutional status for Indigenous Indigenous is the collective term for the original peoples of North America and their descendants, and includes First Nations, Inuit, and Métis peoples. See also: Aboriginal, which is found in the Constitution. The Government of Canada has officially changed “Aboriginal” to “Indigenous” in its ministries, legislation and documents. Canada has made it clear that the term “Indigenous” covers the legal definitions of “Aboriginal” and “Indian” for most constitutional purposes.  Peoples.

Robert Normand, Deputy Minister of Intergovernmental and International Affairs for Québec (1977-1982)

Roy Romanow

(born 1939) was the son of Ukrainian immigrants and very proudly so. In 1981, he was Saskatchewan’s attorney general. He had run against Allan Blakeney for the leadership of the provincial NDP Formed to succeed the CCF in 1961, the New Democratic Party is the main left-wing, social-democratic federal and provincial party in Canada. It has never formed a federal government, but has won office many times at the provincial level, particularly in western Canada, but also in Ontario and Nova Scotia.  in 1970, but was now a loyal ally. As Saskatchewan's Minister of Intergovernmental Affairs and co-chair of the Continuing Committee of Ministers on the Constitution, he was one of the few key ministers who were intimately involved in the overall negotiations on patriation The process of bringing the British North America Act, 1867 – the Constitution of Canada – under full domestic control, rather than having it remain as an act of the British Parliament. After decades of effort, patriation was completed with the 1982 passage of the Canada Act in Britain and the Constitution Act in Canada. It includes a means of amending the Constitution in Canada. The new Constitution was not endorsed by the government of Québec.  . He went on to serve as Saskatchewan’s premier from 1991 to 2001. His old kitchen-trio pal, Jean Chrétien, often tried to entice him to enter federal politics as a Liberal, but Romanow always refused, unable to abandon his family’s NDP traditions. He did though agree to lead the Chretien-created Royal Commission on the Future of Health Care in Canada.

Roy Romanow, 1980
03_romanow_mcmurtry_chretien_in_the_kitchen_624951_CP.jpg Roy McMurty, Roy Romanow, Jean Chrétien, re-enacting the "Kitchen Accord" 1983

Roy McMurty

(born 1932), a lawyer and then Ontario’s attorney general, was more laid back than his other Kitchen Cabinet counterparts. As a young man, he was trained as a landscape painter by Group of Seven member, A.J. Casson. Like his old fraternity friend, Ontario Premier Bill Davis, McMurtry was a former professional football player. He represented Ontario in support of the Trudeau constitutional reference at the Supreme Court. Later, McMurtry became a diplomat and then Ontario’s chief justice. In 2003, he presided over the court’s ruling in favour of same-sex marriage, citing the Charter of Rights and Freedoms The Charter sets out the rights and freedoms that are officially guaranteed by the Canadian Constitution, “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” It is Part 1, sections 1-34 of the Constitution Act, 1982.  , which he’d helped shepherd into existence.

McMurty, Chrétien and Romanow, recounting the events that helped craft the final constitutional deal, 1981

(Canadian Broadcasting Corporation)
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Trudeau and Lévesque, 1981 Constitution Conference

Trudeau and Lévesque

A Game of Rivals

Trudeau and Lévesque


A Game of Rivals


For most of their lives, Pierre Trudeau and René Lévesque, the two French-speaking first ministers at the 1981 patriation conference, championed two very different visions of Québec.

They had been on the same side leading up to the Quiet Revolution A general term for the social upheavals and reforms in Québec in the 1960s. The period saw a significant diminishing of the power of the Catholic Church in provincial affairs and brought a self-consciously French-speaking majority into political control. It included drastic changes in social order and in Québec’s vision of its place within (or potentially outside of) Canadian federalism.  — Lévesque had even been a contributor to Trudeau’s political science journal, Cité Libre. But they parted ways after that. Both men sought equality, justice, and prosperity for Québec, but by different means. Trudeau was a staunch federalist, while Lévesque became the leader of the separatist Parti Québécois A sovereignist or pro-independence provincial party in Québec, founded in 1968 under the leadership of René Lévesque. The PQ has won several elections and initiated the 1980 and 1995 referenda on Québec’s place in Confederation.  . They faced off bitterly in the 1980 Québec referendum A popular vote (whether civic, provincial, or national) on a proposal or question. The patriation of the Constitution became a more urgent matter after the 1980 Québec referendum on sovereignty. Pierre Trudeau and others proposed several different possible national referenda to resolve constitutional issues.  on sovereignty-association The Parti Québécois term (souveraineté-association) for a desired arrangement in which Québec would become a separate country, but one in a political and economic “association” with Canada, including for instance a monetary union, or a common passport.  . Each of them, however, respected and trusted the will of the people. They were willing to put the constitutional question to a referendum A popular vote (whether civic, provincial, or national) on a proposal or question. The patriation of the Constitution became a more urgent matter after the 1980 Québec referendum on sovereignty. Pierre Trudeau and others proposed several different possible national referenda to resolve constitutional issues.  , while most provincial leaders were not.

Trudeau and Lévesque on "This Hour Has Seven Days", 1964 Excerpt from "The Champions", 1978 (National Film Board of Canada)

"But some disorders, you'll admit, some disorders are democratic rights."
-René Lévesque

Each of them, however, respected and trusted the will of the people. They were willing to put the constitutional question to a referendum, while most provincial leaders were not.

Québec during the Referendum, 1980 (National Film Board of Canada)
Hugo Cyr, Dean, Faculty of Political Science and Law, Université du Québec à Montréal

Throughout the 1981 conference, Trudeau and Lévesque played out the latest round of a personal Battle of the Titans that had lasted 25 years. Most of the other premiers were further to the political right and felt the two sons of Québec ignored their concerns. Newfoundland Premier Brian Peckford called it “the Pierre and René Show”.

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(1922-1987) Québec Premier, separatist icon

René

Lévesque

René


Lévesque


The leader of Québec’s separatist party, the charismatic, chain-smoking René Lévesque engaged deeply in constitutional negotiations. Finally, he refused to sign the patriation agreement, saying Québec had been betrayed by the rest of Canada.

Lévesque grew up in a small, largely English-speaking town on Québec’s Gaspé Peninsula. He was a radio war correspondent in the Second World War and the Korean War, and later a famous current affairs TV show host on Radio-Canada. He had reported on the liberation of the Nazi concentration camps.

René Lévesque hosting Point de Mire, excerpt from "The Champions", 1978 

(National Film Board of Canada)
02_levesque_pq_win_873049_CP.jpg René Lévesque after he led the Parti Québécois to victory, November 15, 1976

In 1968, Lévesque became a founder and the first leader of the Parti Québécois A sovereignist or pro-independence provincial party in Québec, founded in 1968 under the leadership of René Lévesque. The PQ has won several elections and initiated the 1980 and 1995 referenda on Québec’s place in Confederation.  (PQ), which advocated for a sovereign Québec nation, and formed a provincial government for the first time in 1976.

Earlier, Lévesque had been a powerful Natural Resources Minister in the Quiet Revolution A general term for the social upheavals and reforms in Québec in the 1960s. The period saw a significant diminishing of the power of the Catholic Church in provincial affairs and brought a self-consciously French-speaking majority into political control. It included drastic changes in social order and in Québec’s vision of its place within (or potentially outside of) Canadian federalism.  -era Liberal The Liberal Party of Canada, a federal and provincial political party formed in 1867. Along with the Conservatives (formerly Progressive Conservatives), it is one of the two parties that has governed Canada since Confederation. Generally a centrist party. cabinet of Jean Lesage, but he was disillusioned and came to believe Québec’s language and culture would best be ensured by sovereignty and an economic union with Canada. That was the proposal the PQ brought to the Québec public in the referendum A popular vote (whether civic, provincial, or national) on a proposal or question. The patriation of the Constitution became a more urgent matter after the 1980 Québec referendum on sovereignty. Pierre Trudeau and others proposed several different possible national referenda to resolve constitutional issues.  of 1980, only to be defeated by Trudeau's federalist campaign.

Sense of humour

Lévesque had a famous spontaneity, sense of humour and charm, but could also be impulsive and emotional. He was rarely seen without a burning cigarette.

At the time of the constitutional negotiations, Lévesque was still recovering from his referendum loss, but he’d regained some of his determination with his re-election in the spring of 1981.

He became a key player within the Gang of Eight The eight provincial premiers who opposed Pierre Trudeau’s plan for patriation of the Canadian Constitution in 1980-81, both politically and in court actions — that is, all of the provinces except for Ontario and New Brunswick. Nova Scotia and Saskatchewan were the last to join what was originally a “gang of six.” provinces opposed to Trudeau’s patriation resolution The plan for unilateral patriation announced by Pierre Trudeau on television on October 2, 1980, and subsequently brought to Parliament as the Canada Bill. It proposed going directly to the British Parliament with a request for patriation, as well as the entrenchment of a charter of rights without the approval of provincial legislatures, to be followed in two years by a national referendum on an amending formula. It also invited citizens’ groups to provide input through legislative committee hearings. The resolution was initially opposed by six and eventually eight provincial governments leading to the Patriation Reference. , working to secure the best terms possible for Québec.

Whether he could have ever agreed to renew the federation as a leader of a sovereigntist party is a matter of some debate.

What we know is that he refused to sign the final patriation The process of bringing the British North America Act, 1867 – the Constitution of Canada – under full domestic control, rather than having it remain as an act of the British Parliament. After decades of effort, patriation was completed with the 1982 passage of the Canada Act in Britain and the Constitution Act in Canada. It includes a means of amending the Constitution in Canada. The new Constitution was not endorsed by the government of Québec.  agreement, as he had not been included in the negotiations that produced it.

Québec Premier René Lévesque and Alberta Premier Peter Lougheed, 1982
Howard Leeson, Deputy Minister of Intergovernmental Affairs for Saskatchewan (1979-1982)

Whether he could have ever agreed to renew the federation as a leader of a sovereigntist party is a matter of some debate.

Lévesque shrugs and walks away from Trudeau during the Constitution Conference, 1980
levesque_holding_signatures_898984_CP.jpg Lévesque holds up the constitutional accord that was signed without him, November 11, 1981

What we know is that he refused to sign the final patriation agreement, as he had not been included in the negotiations that produced it.

Hugo Cyr, Dean, Faculty of Political Science and Law, Université du Québec à Montréal
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(1928-2012) Premier of Alberta, football star

Peter

Lougheed

Peter


Lougheed


Peter Lougheed was a leader among Trudeau’s opponents, and he was determined to defend provincial powers, especially over their natural resources.

Peter Lougheed was the first Progressive Conservative The Progressive Conservative Party of Canada was the name of the main centre-right federal party between 1942 and 2003. It was formed from an alliance of the Conservative and Progressive Parties. It was succeeded by today’s Conservative Party of Canada. Many provincial parties retain the name Progressive Conservative. It was the Official Opposition party during most of the constitutional debates of the 1970s and early 1980s, but the governing party in a majority of the provinces.  premier of Alberta, elected in 1971. He had briefly played football for the Edmonton Eskimos before earning his law degree and his MBA. He  had a reputation for being principled, but stubborn. He came from a prominent Alberta political family, and was a staunch defender of provincial autonomy, especially regarding control over Alberta’s natural resources.

Lougheed at his election victory party, March 15, 1979
02_lougheed_and_indigenous_leaders_18425212_CP.jpg Joe Crowshoe (left) and Chief Small-legs of the Peigan Nation (far right) read a joint statement to Lougheed, November 19, 1981

Lougheed felt strongly that Alberta and other Western provinces hadn’t gotten their fair share since joining Confederation – that Trudeau’s idea of the good of the country actually served only Québec and Ontario.

Equality for the provinces

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(1927-2010) Premier of Manitoba, nicknamed “Red”

Sterling

Lyon

Sterling


Lyon


Sterling Lyon was a temperamental opponent of constitutional change. He was also campaigning for re-election in the lead up to and during the patriation conference.

Sterling Lyon, the Progressive Conservative The Progressive Conservative Party of Canada was the name of the main centre-right federal party between 1942 and 2003. It was formed from an alliance of the Conservative and Progressive Parties. It was succeeded by today’s Conservative Party of Canada. Many provincial parties retain the name Progressive Conservative. It was the Official Opposition party during most of the constitutional debates of the 1970s and early 1980s, but the governing party in a majority of the provinces.  premier of Manitoba, was certainly the most combative and abrasive of the Gang of Eight The eight provincial premiers who opposed Pierre Trudeau’s plan for patriation of the Canadian Constitution in 1980-81, both politically and in court actions — that is, all of the provinces except for Ontario and New Brunswick. Nova Scotia and Saskatchewan were the last to join what was originally a “gang of six.” premiers. Nicknamed “Red” for his hair colour and fiery debating style, Lyon was an intensely partisan conservative who believed in small government, and the authority of elected legislative assemblies over the courts. For this reason, he vehemently opposed the inclusion of the Charter of Rights and Freedoms The Charter sets out the rights and freedoms that are officially guaranteed by the Canadian Constitution, “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” It is Part 1, sections 1-34 of the Constitution Act, 1982.  in the Constitution. Throughout the final patriation The process of bringing the British North America Act, 1867 – the Constitution of Canada – under full domestic control, rather than having it remain as an act of the British Parliament. After decades of effort, patriation was completed with the 1982 passage of the Canada Act in Britain and the Constitution Act in Canada. It includes a means of amending the Constitution in Canada. The new Constitution was not endorsed by the government of Québec.  meeting in November 1981, Lyon seemed mainly to want to throw the constitutional negotiations off course.

He departed Ottawa The capital city of Canada, where the federal Parliament buildings, the House of Commons and the Senate are located. For this reason, “Ottawa” is sometimes used as a synonym for the federal government, as in a phrase such as, “Ottawa refused any further negotiations.”  after breakfast on the third day of the patriation The process of bringing the British North America Act, 1867 – the Constitution of Canada – under full domestic control, rather than having it remain as an act of the British Parliament. After decades of effort, patriation was completed with the 1982 passage of the Canada Act in Britain and the Constitution Act in Canada. It includes a means of amending the Constitution in Canada. The new Constitution was not endorsed by the government of Québec.  conference to continue campaigning in a heated provincial election (which he lost), leaving his Attorney General Gerry Mercier in charge of the Manitoba delegation.

Lyon mimics Trudeau during a constitutional conference in Montreal on February 9, 1981
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(1925-2011) Saskatchewan Premier, leftie outlier

Allan

Blakeney

Allan


Blakeney


Allan Blakeney was the only leader at the conference from the leftist NDP. The provinces’ final proposal was negotiated late on the final day of the conference, in his hotel room.

Born in Nova Scotia, Blakeney was highly cerebral, a former Rhodes scholar at Oxford. As a Saskatchewan Co-operative Commonwealth Federation (CCF) cabinet minister in the 1960s, he helped lead the fight for universal medicare, and in his own government he championed a “New Deal for the People” of innovative social welfare programs.

Blakeney opposed the Charter of Rights and Freedoms because he saw the courts as conservative and reactionary, doubting they would protect citizens’ rights and welfare better than legislatures would.

01_allan_blakeney_1975_pointing_at_oil_chart_01575505_CP.jpg Blakeney points to a chart showing oil and natural gas prices, 1975

Blakeney’s relationship with Pierre Trudeau was tense — Trudeau couldn’t understand how a principled leftist could oppose the Charter — but he was close to both Alberta’s Peter Lougheed (sharing concerns about provincial resource control) and Trudeau’s main ally, Ontario’s Bill Davis. It was at his initiative that a deal was negotiated on the final night of the conference, and he provided a necessary bridge for negotiations between Lougheed and Davis. Blakeney was instrumental in having the section on Aboriginal rights reinserted into the Constitution.

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(1932-2015) British Columbia Premier, Mr. ‘Restraint’

Bill

Bennett

Bill


Bennett


Bill Bennett was a well-liked leader among the premiers, and one of the Gang of Eight opposing Trudeau. But he was eager to find a compromise on the Constitution and get back to running B.C.

Bill Bennett, from the now-defunct right-wing Social Credit party, was an outgoing, likeable businessman whose father, W.A.C. Bennett, had been B.C.’s longest-serving premier.

The Ontario delegation considered Premier Bennett a leader to be reckoned with. Some members of the Gang of Eight The eight provincial premiers who opposed Pierre Trudeau’s plan for patriation of the Canadian Constitution in 1980-81, both politically and in court actions — that is, all of the provinces except for Ontario and New Brunswick. Nova Scotia and Saskatchewan were the last to join what was originally a “gang of six.” (notably Québec) felt otherwise, since Bennett had begun softening his opposition to Trudeau’s proposal in an effort to find some agreement in the weeks before the conference.

Bennett supported the Charter of Rights and Freedoms The Charter sets out the rights and freedoms that are officially guaranteed by the Canadian Constitution, “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” It is Part 1, sections 1-34 of the Constitution Act, 1982.  in principle, but feared entrenching Indigenous Indigenous is the collective term for the original peoples of North America and their descendants, and includes First Nations, Inuit, and Métis peoples. See also: Aboriginal, which is found in the Constitution. The Government of Canada has officially changed “Aboriginal” to “Indigenous” in its ministries, legislation and documents. Canada has made it clear that the term “Indigenous” covers the legal definitions of “Aboriginal” and “Indian” for most constitutional purposes.  rights would threaten B.C.’s unilateral control over lands and resources given the absence of recognized treaties in the province. He opposed any amending formula The rules for changing the Constitution. Most parts of the Constitution require the agreement of the Senate and House of Commons, and at least two-thirds of the provinces representing 50% of the population for an amendment. that lumped B.C. in with the rest of the West. But his main concern was managing B.C.’s economy; Bennett would soon be in the middle of an intense battle at home over his “restraint” program of cuts and austerity measures.

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(1942- ) Newfoundland Premier, former teacher

Brian

Peckford

Brian


Peckford


Brian Peckford, staunch defender of Newfoundland’s interests,  was the one who formally presented the provinces’ final proposal to Pierre Trudeau.

Brian Peckford was a former high school teacher and at 39, the youngest premier at the 1981 conference. He was quick-witted and sometimes temperamental.

Like the premiers from Québec, Alberta and Manitoba, Peckford was considered a hard-liner within the Gang of Eight The eight provincial premiers who opposed Pierre Trudeau’s plan for patriation of the Canadian Constitution in 1980-81, both politically and in court actions — that is, all of the provinces except for Ontario and New Brunswick. Nova Scotia and Saskatchewan were the last to join what was originally a “gang of six.” . Pierre Trudeau scorned him for being willing to “trade fish for rights”.  Peckford was focused on the control of natural resources in his province including fisheries and offshore oil.

On the final night of the patriation The process of bringing the British North America Act, 1867 – the Constitution of Canada – under full domestic control, rather than having it remain as an act of the British Parliament. After decades of effort, patriation was completed with the 1982 passage of the Canada Act in Britain and the Constitution Act in Canada. It includes a means of amending the Constitution in Canada. The new Constitution was not endorsed by the government of Québec.  conference, his delegation’s draft proposal became the basis for the final agreement reached in Premier Blakeney’s hotel room. It was similar in content to the more famous Kitchen Accord The proposal for Constitutional compromise worked out by federal Minister of Justice Jean Chrétien, Saskatchewan Attorney General and Minister of Intergovernmental Affairs, Roy Romanow, and Ontario Attorney General Roy McMurtry on the final afternoon of negotiations at the 1981 constitutional patriation conference in Ottawa. It had seven points, roughed out on a piece of paper in a small kitchen at the conference centre.  , but included provisions that made it more acceptable to the first ministers The leaders of the ruling parties in the federal, provincial and territorial governments, including the Prime Minister and the premiers of each province and territory. Canada has fourteen first ministers.  . It was Peckford who presented the proposal to Trudeau the next morning.

Afterward, he humble-bragged to the press: “Am I a hero?” he said. “No, many were involved beside myself.”

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(1914-2000) Prince Edward Island Premier, his final bow

Angus

Maclean

Angus


Maclean


Angus MacLean, the head of the country’s smallest province, Prince Edward Island, was in his final week as premier during the constitutional conference. While his interventions were relatively infrequent, he was known for his willingness to work with both Davis and Lougheed.

MacLean, the Progressive Conservative The Progressive Conservative Party of Canada was the name of the main centre-right federal party between 1942 and 2003. It was formed from an alliance of the Conservative and Progressive Parties. It was succeeded by today’s Conservative Party of Canada. Many provincial parties retain the name Progressive Conservative. It was the Official Opposition party during most of the constitutional debates of the 1970s and early 1980s, but the governing party in a majority of the provinces.  Premier of Prince Edward Island, had been a war hero and blueberry farmer. He was a man of common sense, conciliatory and constructive, and committed, above all, to his Island and to the Maritimes. Though he was a member of the Gang of Eight The eight provincial premiers who opposed Pierre Trudeau’s plan for patriation of the Canadian Constitution in 1980-81, both politically and in court actions — that is, all of the provinces except for Ontario and New Brunswick. Nova Scotia and Saskatchewan were the last to join what was originally a “gang of six.” at the 1981 conference, he only occasionally intervened.

Patriation The process of bringing the British North America Act, 1867 – the Constitution of Canada – under full domestic control, rather than having it remain as an act of the British Parliament. After decades of effort, patriation was completed with the 1982 passage of the Canada Act in Britain and the Constitution Act in Canada. It includes a means of amending the Constitution in Canada. The new Constitution was not endorsed by the government of Québec.  was his swan song. He was set to retire from politics at the end of the week.

Brian Peckford, Premier of Newfoundland (1979-1989)
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(1931- ) Nova Scotia Premier, slow and steady

John

Buchanan

John


Buchanan


Nova Scotia’s John Buchanan was a low-key player in the constitutional game. But he was present at the negotiation in Premier Blakeney’s hotel room. The support of Canada’s largest Maritime province was key to the final deal.

Like Saskatchewan’s Allan Blakeney, he took some time to join the Gang of Eight The eight provincial premiers who opposed Pierre Trudeau’s plan for patriation of the Canadian Constitution in 1980-81, both politically and in court actions — that is, all of the provinces except for Ontario and New Brunswick. Nova Scotia and Saskatchewan were the last to join what was originally a “gang of six.” . As a trained engineer and a lawyer, he was determined to judge the merits of Trudeau’s resolution for himself, not just follow the other Conservative premiers. Buchanan was absent from the morning discussions on the final day of the patriation conference to attend the funeral of his father-in-law, but his support for the provinces’ proposal the night before proved crucial. In 1990, Buchanan resigned as premier of Nova Scotia to become a senator.

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(1929- ) Ontario Premier, bridge-builder

Bill

Davis

Bill


Davis


Ontario power broker Bill Davis was one of only two premiers to support Pierre Trudeau’s package from the start. He was always looking for ways to bring the other provinces on side.

He and his trademark pipe were veterans of the constitutional negotiations. He and Richard Hatfield of New Brunswick were the only two premiers to support Pierre Trudeau’s constitutional resolution from the start. Although he was often anxious about Trudeau’s confrontational style, Davis saw patriation and the Charter of Rights and Freedoms as key to national unity, and sold them to his province as “Canada becoming a sovereign nation”.

John Buchanan, Premier of Nova Scotia (1978-1990)

Like most Ontario premiers, Davis believed in a strong central government, and being friendly with leaders such as Lougheed and Blakeney, saw himself as a link between Ottawa and the other provinces. He felt it was important for Trudeau to keep his 1980 referendum promise to Québec and was proud to play his historic part in helping to create a positive constitutional deal.

Some have said that what sealed the deal was his willingness to tell Trudeau he would accept the ‘patriation night agreement’ even if Trudeau did not.

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(1931-1991) New Brunswick Premier, champion of Francophones

Richard

Hatfield

Richard


Hatfield


New Brunswick’s colourful Richard Hatfield was one of Pierre Trudeau’s only two provincial allies. His priority was to boost the status of French speakers across Canada and discourage Québec separatism.

Though his province was founded by English Loyalists, it had a large French-Canadian minority and shared a border with Québec. Hatfield was a Red Tory who embraced the vision of a pluralistic Canada — he had been excited by the Quiet Revolution A general term for the social upheavals and reforms in Québec in the 1960s. The period saw a significant diminishing of the power of the Catholic Church in provincial affairs and brought a self-consciously French-speaking majority into political control. It included drastic changes in social order and in Québec’s vision of its place within (or potentially outside of) Canadian federalism.  , and for a time even held a Parti Québécois A sovereignist or pro-independence provincial party in Québec, founded in 1968 under the leadership of René Lévesque. The PQ has won several elections and initiated the 1980 and 1995 referenda on Québec’s place in Confederation.  membership card. But he’d fought on the “No” side of the 1980 referendum A popular vote (whether civic, provincial, or national) on a proposal or question. The patriation of the Constitution became a more urgent matter after the 1980 Québec referendum on sovereignty. Pierre Trudeau and others proposed several different possible national referenda to resolve constitutional issues.  and felt he had to help make good on Trudeau’s promise of meaningful constitutional reform to Québec. Hatfield also helped make New Brunswick the only officially bilingual Canada is officially bilingual, which means that “English and French have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and Government of Canada”. Official bilingualism began in Canada when Parliament passed the Official Languages Act in 1969. It is included in the Official Languages section of the Charter of Rights and Freedoms.  province to help correct historic injustices against the province’s Acadian population.

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Who contributed to the constitutional debate?

Cast of Characters

The process leading up to the patriation of the Canadian Constitution was deeply shaped by the personalities and political priorities of national and provincial leaders and many key political aides of the time.

Who contributed to the constitutional debate?

Pierre Trudeau

Committed Citizens and Activists

The Kitchen Cabinet

A Game of Rivals

René Lévesque

Peter Lougheed

Sterling Lyon

Allan Blackeney

Bill Bennett

Brian Peckford

Angus Maclean

John Buchanan

Bill Davis

Richard Hatfield

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